Legal Question in Employment Law in Georgia

My wife is having surgery soon, the doctor has informed her that she will be taken off her job for 8 weeks. She has not been employed a year yet and her employer says she may not have a job to come back to. Can they deny her family medical leave?


Asked on 1/11/10, 8:42 pm

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

They are not "denying her" leave if she is not eligible for leave in the first place.

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Answered on 1/17/10, 5:11 am
Gregory Fidlon Law Offices of Gregory R. Fidlon, P.C.

Unfortunately, to be eligible under the Family Medical Leave Act (FMLA), the employee must have worked for the employer for at least one year and must have performed at least 1,250 hours of work within the past twelve months.

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Answered on 1/17/10, 7:03 am


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